Asthma-Free Housing Act

Local Law 55 of 2018

This information  is intended for informational purposes only and is not intended as legal advice. 


This is not a complete or final statement of all of the duties of owners and tenants with regard to laws and rules relating to housing in New York City. - Are property owners required to submit documentation to prove required annual inspections have been completed? 


What should you do? Get affiliated with a NYS mold assessor   Exterminize will perform a visual survey for moisture intrusion and mold growth. For more accurate results we use a moisture meter and thermal imaging, but, most importantly, we also review your Standard Operating Procedure (SOP) for compliance with Local Law 55 of 2018.


Local Law 55 of 2018, the Asthma-Free Housing Act, became effective on Jan. 19. Under this law, an owner of multiple dwellings will be required to inspect units annually for indoor allergen hazards, such as mice, cockroaches, rats, and mold. And it requires owners to prevent and remove these indoor health hazards that can trigger asthma.


Currently, the Department of Housing Preservation and Development (HPD) does not require that landlords submit information related to annual inspections. However, the property owner should keep record of any eradication measures and inspections conducted in the event that HPD requests the documentation. 


Does Local Law 55 apply to co-ops and condos? 


This is at the discretion of the cooperative corporation or between the owner of the condo and the board of managers of such condominiums. 


Under the new law, owners must do the following:


  • Perform annual inspections in each dwelling unit and common area of the building;
  • Provide a notice to prospective and current tenants at the time of lease renewal that inform the household of the owner’s annual inspection obligation and to remediate mold, pests, and underlying conditions that cause mold and attract pests;
  • Provide a City Department of Health and Mental Hygiene (DOHMH) pamphlet to prospective and current tenants at the time of lease renewal;
  • Use integrated pest management to address pest infestations, and prescribed work practices to fix mold and underlying defects such as leaks; and
  • Perform mold, pest, and underlying defect remediation along with thorough cleaning of any owner-provided carpeting or furniture before a new tenant moves into an apartment.


Please also note that for non-owner occupied condos and co-op units, the dwelling unit owner is responsible for following the requirements under Local Law 55. 


Does Local Law 55 apply to commercial buildings such as hotels? 


No. 


Are there any required annual notices that should be distributed to tenants or posted in a common area? 


Yes. Under Local Law 55, property owners are required to provide an annual notice upon commencement of a new vacancy lease or lease renewal. In addition, property owners are required to distribute the New York City Department of Health and Mental Hygiene’s pamphlet. The pamphlet includes information on what tenants can do to prevent indoor allergens and a property owner’s obligations to eliminate mold and pest infestation. 


Note: The owners of a tenant occupied co-op or condo are required to provide the annual notice and pamphlet to their tenant. Are property owners required to submit documentation to prove that they distributed the annual notice and DOHMH pamphlet? 


Currently, HPD does not require that landlords submit information related to the distribution of annual notices or pamphlets. However, the property owner should keep record of signed annual notices in the event that HPD requests the documentation. 


Local Law 61 of 2018 requires that property owners of multiple dwellings with 10 units or above AND over 10 square feet of mold hire a mold remediator and a mold assessor. These mold contracts are required to be licensed in accordance to Article 32 of the New York State Labor Law. Local Law 61 also requires that hired mold contractors submit documentation to the New York City Department of Environmental Protection related to the assessment and remediation work conducted in these multiple dwellings. 


To learn more about the requirements under Article 32, Local Law 55 (2018), and Local Law 61 you can read HPD’s Finalizing Your Certification Documents reference guide. How can I learn more about Integrated Pest Management Practices? 


To learn more about IPM, please read HPD’s Guide to Local Law 55 of 2018 – Integrated Pest Management Practices. How can I learn more about the mold Safe Work Practices? Because Local Law 61 (2018) and Local Law 55 (2018) have requirements based on the dwelling units of a building, we have developed two mold guides. You can read HPD’s safe work practices guide for multiple dwellings 10 units or above or multiple dwellings under 10 units OR 10 units or above with 10 square feet or less.


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